An original insurance certificate must be issued by your insurance carrier naming Black Hills Energy as an additional insured with a waiver of subrogation and must be received by Black Hills Energy prior to the commencement of work.
Note: The certificate holder will depend upon Black Hills Energy contracting entity and should be confirmed with the contract administrator before requesting a certificate from your carrier.
Minimum insurance requirements
- Workers' Compensation Insurance (including Occupational Disease Coverage) in accordance with the laws of the states where work is to be performed. If the work involves any employment on or adjacent to navigable waterways, then the policy must include U.S. Longshore and Harborworker's (USL&H) and Jones Act coverages as applicable.
- Employer's Liability Insurance with limits of not less than $1,000,000 per occurrence and $1,000,000 disease each employee.
- Commercial General Liability Insurance insuring all obligations assumed under the contract (including the indemnity provisions set forth in the contract) with a combined single limit of not less than $2,000,000 per occurrence and in the aggregate. All policies shall include coverage for blanket contractual liability.
- Comprehensive Automobile Liability Insurance covering liability arising out of any auto (owned, hired and non-owned); with a combined single limit of not less than $1,000,000.
- Comprehensive Aircraft Liability Insurance with combined bodily injury, including passengers, and property damage liability single limits of not less than $5,000,000 per occurrence. This coverage is necessary only when contractor uses owned or non-owned aircraft in connection with work performed under this agreement.
Note: Umbrella Insurance may be used to satisfy the limit requirements set out above for Employer's Liability, Commercial General Liability, and Comprehensive Automobile Liability Insurance. Such umbrella policy shall apply without any gaps in the limits of coverage, be at least as broad as and follow the form of the underlying primary coverage.
Miscellaneous Insurance endorsements may be required dependent upon the specific project being completed and will be confirmed by the Contract Administrator.
Pollution Liability Insurance Requirements (If requested by Contract Administrator)
- Consultant's Pollution Liability Insurance covering losses caused by pollution conditions that arise from the operations of consultant. This insurance shall provide coverage for bodily injury, including death; loss or damage to property, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and costs and expenses incurred in the investigation, defense, or settlement of claims. This coverage shall be maintained in force for the full period of this agreement with available limits of not less than $2,000,000 per occurrence.
- Pollution Legal Liability Insurance if the work contemplated under this agreement includes the disposal of any hazardous materials from the job site(s), consultant must furnish to company evidence of pollution legal liability insurance maintained by the disposal site operator, covering losses arising from the insured facility accepting waste under this agreement. Such coverage must be maintained in minimum amounts of $5,000,000 per occurrence for bodily injury, including death, or loss or damage to property combined.
Waiver of Subrogation and Additional Insured Requirements
All insurance policies carried by contractor hereunder shall name the comany Black Hills Energy (per contracting entity and to be confirmed in advance by contract administrator) and the contracting company, its affiliated and subsidiary companies, and their respective directors, officers, agents and employees as additional insureds with respect to liability arising out of work performed by contractor or subcontractor, as applicable.
All insurance policies of contractor shall include waiver of subrogation against Black Hills Energy (per contracting entity and to be confirmed in advance by contract administrator) and its subsidiary or affiliated companies, successors, and assigns.
Before commencing any performance under this agreement, contractor shall furnish company with certificates of insurance evidencing insurance coverage and provisions provided for in this agreement. Failure of contractor to furnish such evidence of insurance coverage shall not be considered a waiver by company of such coverage. All insurance certificates shall include the following statement:
- Black Hills Energy (per contracting entity and to be confirmed in advance by contract administrator) and its affiliated or subsidiary companies are named as additional insured on all above policies (except Worker's Compensation) and waiver of subrogation in favor of Black Hills Energy (per contracting entity and to be confirmed in advance by contract administrator) and its affiliated or subsidiary companies, their respective directors, officers, agents and employees applies as required by written contract.
General Insurance Coverage Terms and Conditions
This insurance shall apply as primary insurance without contribution from any other insurance or self-insurance programs afforded to or maintained by company, and shall not require the exhaustion of any other coverage.
All insurance policies shall provide that the insurance carrier will notify the company no less than thirty (30) days prior to the termination or cancellation or material change of any policy.
Contractor shall promptly notify company when any insurance policy required above is not reasonably available and shall state the reasons therefore.
All deductibles, self insured retentions and self insurance carried by the contractor under its insurance program are the sole responsibility of the contractor and will not be borne in any way by the company. The contractor will indemnify the company, in full, for any amounts related to the above.
Insurance coverage required under this agreement shall be additional security for the obligations assumed by the contractor hereunder and in no event shall the types or limits of coverage required be deemed to limit any obligation or liability assumed under this Agreement.
In the event of the contractor's failure to carry out any of the provisions of these insurance requirements, the company shall, in addition to any right to recover damages or to obtain other relief, have the right to cancel this Agreement or any Work Directive.
Contractor shall require all of its subcontractors to provide the foregoing coverage, as well as any other coverage that contractor may consider necessary. All subcontractor policies shall be endorsed with the waiver of subrogation and additional insured wording above. Any deficiency in the coverage, policy limits, or endorsements of said subcontractors will be the sole responsibility of contractor.